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Tax Talk with George Saenz

Ask the tax adviser

To all my readers this week:
I appreciate all the questions you send each week. Now the deadline to file your 2000 tax return is less than a week away, and you may not have the answer you need. If you haven't heard back from me and you really need to know, check out the full Bankrate Taxes site, especially the Tax Toolbox. What you need may be there. If not, consider filing for an extension of time to file your federal and state returns so you'll have time to get the tax answer you need. But remember, if you do get an extension, be sure to pay what you might owe to avoid interest and penalties.

Second-home capital gains, losses and deductions

Dear Tax Talk:
Last year, I sold a second home, which was a 37-foot sailboat. The original cost was $45,000. I sold it for $38,000.

The mortgage interest has been taken as a deduction for several years. Is the money I spent to prepare the boat for sale deductible? For example, advertising cost, broker fees, fix-up costs, slip rental, etc. If it is deductible, what form do I use?
Thank you,
Donna

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Dear Donna:
I'm sorry to tell you that the sale of the boat at a loss does not benefit you for tax purposes. Even though you considered the property as a second home, the loss is considered personal and not deductible. Therefore none of the expenses nor the sale is reported for tax purposes. Conversely, if you sold the boat at a gain (not like that would happen, but let's say it did for purposes of illustrating this point), you would have to pay tax on the gain.

Everyone should remember that the sale of a second home at a gain is taxable, and the sale at a loss is not deductible. You can continue to deduct the boat loan interest through the date of sale.

Home sale exclusions for newlyweds

Dear Tax Talk:
Over the last year, 1) my fiancée sold her condo (for a small gain) and moved in with me in January 2000; 2) we got married in May 2000; 3) we purchased a new home in January 2001 and 4) we are just now selling my previous home for a large gain (expected to close in May 2001).

My question concerns the exclusion allowed on the sale of a residence and how this works when two individuals each own a home and meet the exclusion requirements as individuals, but not as a married couple.

Since we sold our homes in separate years and 16 months apart, would we have to file as "married filing separately" for the tax years 2000 and 2001 in order to take advantage of the exclusions on both homes? I am not happy with this option, as the tax rates for "married filing separately" appear to be higher that those for married-filing jointly. What other options are available?
Thanks,
Dave

Dear Dave:
You certainly have had a lot going on in the last year. Luckily, the tax law was liberally rewritten a few years ago to fairly treat newlyweds that engage in the sale of two separate residences. Under prior law, you would have not been so fairly treated.

The general rule is that a married couple can't use the home-sale exclusion more than once every two years except for health or employment related moves. Since you were married in May 2000, you are considered married for the entire year. However, under the liberalized rules you can each choose to treat up to $250,000 as exempt from tax provided you meet the two-year ownership-and-use test that is otherwise applicable to home sales. In order to benefit from this exclusion, you do not have to file separate returns, which as you point out would penalize you on the tax rates. In fact, if the gain is less than $250,000 on each residence you do not have to report the sale on your return.

 

 

-- Posted: April 10, 2001

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